Delegate Queried On Bench Vacancy

NEWPORT NEWS — Del. Alan Diamonstein acknowledged Monday that he did not support Aundria Foster for a local judgeship, a decision that resulted in another woman getting the post.

The statement came during an acrimonious exchange before a civic group with the Rev. Marcellus L. Harris, who is challenging Diamonstein for the 94th District House of Delegates seat.

Earlier this year, the General Assembly failed to fill a vacancy on the Newport News General District bench. The decision reverted to the court's three sitting judges, who selected local attorney Joan Beale.

Until Monday, it was unclear exactly why the legislature was unable to make the appointment.

But during a meeting of the North Newport News Civic Association, Diamonstein explained that he disagreed with the city's other two Democratic legislators on who should be nominated, so there was no nomination.

Sen. Robert C. Scott and Del. W. Henry Maxwell both wanted to nominate Foster, a black woman. But Diamonstein, a 22-year incumbent, said he did not believe Foster was the most qualified candidate.

"There are differences of opinion. It wasn't a racial thing. That doesn't enter the picture." He said he contacted two other black lawyers to see if they were interested, but neither accepted.

The selection of Beale prompted protests from black leaders, who said appointment of a black judge is long overdue.

On Monday, members of the civic association, all of whom were black, quizzed Diamonstein on the judge decision. The group had invited the delegate to discuss various campaign issues.

Diamonstein, a Democrat, said he believed other candidates were more experienced but that he believed Foster has the potential to be a judge someday. He said he wouldn't discuss his reasons any further in fairness to Foster.

Harris, a black Baptist minister who is running as an independent, attended the meeting and began debating Diamonstein from his seat in the audience.

Harris argued that Diamonstein "insulted two respected legislators" by not going along with their choice of Foster. He then said Diamonstein's decision also contradicted local bar associations who supported Foster.

Diamonstein snapped back, "Your facts are not correct, reverend, but I'm used to that." He then explained that one local lawyers' group ranked Foster as "qualified" while it ranked some others as "highly qualified." He said that contributed to his decision.

Diamonstein said he usually agrees with his fellow Democratic legislators but is not obligated to do so.

Afterward, Harris stood before the civic association and complained that minorities have not been given a fair chance at local judgeships.

"There is a difference in being able and having the opportunity to do a job. If you don't get an opportunity, how are you going to be qualified?"

The General Assembly still must ratify Beale's appointment, and some black leaders have pledged to continue fighting it.